Terms
Course Agreement
Effective Date: 2024-08-26
THE AGREEMENT: This Course Agreement (hereinafter, "Agreement") is made by
and between Baolin Wu, hereinafter referred to as "Course Provider," and you,
further defined below, as a participant in the Course, also defined below.
All parts and sub-parts of this Agreement are specifically incorporated by reference
here. This Agreement shall govern the use of all pages and screens in and on the
Course (all collectively referred to as "Course") and any services provided by or on
this Course Provider through the Course ("Services") and/or on the Course
Provider's website ("Website").
Article 1 - DEFINITIONS:
A) The parties referred to in this Agreement shall be defined as follows:
I) Course Provider, us, we: Course Provider, as the creator, operator, and publisher
of the Course, is responsible for providing the Course publicly. Course Provider, us,
we, our, ours and other first-person pronouns will refer to the Course Provider, as
well as, if applicable, all employees and affiliates of the Course Provider.
II) You, the user, the participant: You, as the participant in the course and user of the
Website, will be referred to throughout this Agreement with second-person pronouns
such as you, your, yours, or as user or participant.
III) Parties: Collectively, the parties to this Agreement (Course Provider and You) will
be referred to as Parties.
B) The Course details are as follows:
I) Course Name: Year of the Dragon Five Centers Qigong
II) Course Description:
This course will teach you the principles, techniques, and movements of Daoist 'Five
Centers' qigong meditation. This includes the history of these movements within
Quanzhen Daoism, and an explanation of the Daoist philosophy regarding the
practice.
III) Total Course Fees ("Fees"): $570 (five hundred seventy US dollars)
IV) Course URL: This course will be held online via Zoom. The link to the Zoom
meeting will be provided via email on the date that the class is held (2024-09-15).
V) Course Start Date: 2024-09-15
VI) Course End Date: 2024-09-15
Article 2 - ASSENT & ACCEPTANCE:
By purchasing and participating in the Course, you warrant that you have read and
reviewed this Agreement and that you agree to be bound by it. If you do not agree to
be bound by this Agreement, please cease your participation in the Course
immediately. If you do so after purchase, you will not be entitled to any refund.
Course Provider only agrees to provide the Course to you if you assent to this
Agreement.
Article 3 - LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS:
We may provide you with certain information as a result of your accessing of the
Course through the Website. Such information may include, but is not limited to,
documentation, data, or information developed by us and other materials which may
assist in your participation in the Course ("Materials"). Subject to this Agreement, we
grant you a non-exclusive, limited, non-transferable and revocable license to use the
Materials solely in connection with your participation in the Course and your use of
the Website. The Materials may not be used for any other purpose, and this license
terminates upon your completion of the Course, your cessation of use of the Course
or the Website, or at the termination of this Agreement.
Article 4 - COURSE TERMS:
After purchasing the Course, you may not be able to begin until the specified Course
Start Date. You must complete the Course by the specified Course End Date.
Whether or not the Course has been completed by the specified Course End Date, it
will expire the following amount of time after purchase: Two months.
The Course and any of its accompanying Materials may not be shared with any
party. If we suspect that the Course or Materials are being shared and/or that you
have shared your log-in information with any party, we reserve the right to
immediately terminate your access to the Course, in our sole and exclusive
discretion.
We do not offer any promises or guarantees with regard to our Course or Course
Materials. You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices that you make with
regard to this Course, the Materials contained within it, or any significant changes to
your business or life;
B) You are solely and exclusively responsible for your own mental health, physical
health, business decisions, and any other actions or inaction you choose to take;
C) We are not liable for any result or non-result or any consequences which may
come about due to your participation in the Course;
D) This Course does not constitute a therapeutic relationship or a medical one. We
do not provide therapy or medical services and you are responsible for procuring
these services at your own will and discretion if needed.
Article 5 - INTELLECTUAL PROPERTY:
You agree that the Materials, the Course, the Website, and any other Services
provided by the Course Provider are the property of the Course Provider, including
all copyrights, trademarks, trade secrets, patents, and other intellectual property
("Company IP"). You agree that the Company owns all right, title and interest in and
to the Company IP and that you will not use the Company IP for any unlawful or
infringing purpose. You agree not to reproduce or distribute the Company IP in any
way, including electronically or via registration of any new trademarks, trade names,
service marks or Uniform Resource Locators (URLs), without express written
permission from the Company. All recordings of any kind are prohibited, including
audio, video, screen captures, or photographs. Participants may not duplicate,
disclose, or publish any of the materials provided by the Course Provider.
Article 6 - YOUR OBLIGATIONS:
As a participant in the Course, you will be asked to register with us. When you do so,
you will choose a user identifier, which may be your email address or another term,
as well as a password. You may also provide personal information, including, but not
limited to, your name. You are responsible for ensuring the accuracy of this
information. This identifying information will enable you to participate in the Course.
You must not share such identifying information with any third party, and if you
discover that your identifying information has been compromised, you agree to notify
us immediately in writing. Email notification will suffice. You are responsible for
maintaining the safety and security of your identifying information as well as keeping
us apprised of any changes to your identifying information.
The billing information you provide us, including credit card, billing address and other
payment information, is subject to the same confidentiality and accuracy
requirements as the rest of your identifying information. Providing false or inaccurate
information, or using the Course or the Website to further fraud or unlawful activity is
grounds for immediate termination of this Agreement.
Article 7 - PAYMENT & FEES:
As noted above, the total Fees for the Course are as follows: $570 (five hundred
seventy US dollars).
The entirety of the Fees are due and payable upon your registration in the Course.
No payment plans or installment plans are available.
Article 8 - ACCEPTABLE USE:
You agree not to use the Course or the Website for any unlawful purpose or any
purpose prohibited under this clause. You agree not to use the Course or the
Website in any way that could damage the Course, Website, Services, or general
business of the Course Provider.
a) You further agree not to use the Course or the Website:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Course Provider or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that
may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination
towards any group;
VIII) To unlawfully gather information about others.
IX) To make electronic recordings of any kind, including audio, video, screen
captures, or photographs;
Article 9 - NO LIABILITY:
The Course and Website are provided for informational purposes only. You
acknowledge and agree that any information posted in the Course, in the Materials,
or on the Website is not intended to be legal advice, medical advice, or financial
advice, and no fiduciary relationship has been created between you and us. You
further agree that your participation in the Course is at own risk. We do not assume
responsibility or liability for any advice or other information given in the Course, in the
Materials, or on the Website.
Article 10 - REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or
software from or on the Course or Website;
b) Violate the security of the Course or Website through any unauthorized access,
circumvention of encryption or other security tools, data mining or interference to any
host, user or network.
Article 11 - DATA LOSS:
We do not assume or accept responsibility for the security of your account or
content. You agree that your participation in the Course or use of the Website is at
your own risk.
Article 12 - INDEMNIFICATION:
You agree to defend and indemnify the Course Provider and any of our affiliates (if
applicable) and hold us harmless against any and all legal claims and demands,
including reasonable attorney's fees, which may arise from or relate to your
participation in the Course, your use or misuse of the Website, your breach of this
Agreement, or your conduct or actions. You agree that we shall be able to select our
own legal counsel and may participate in our own defense, if we wish.
Article 13 - SPAM POLICY:
You are strictly prohibited from using Course for illegal spam activities, including
gathering email addresses and personal information from others or sending any
mass commercial emails.
Article 14 - MODIFICATION & VARIATION:
We may, from time to time and at any time without notice to you, modify this
Agreement. You agree that we have the right to modify this Agreement or revise
anything contained herein. You further agree that all modifications to this Agreement
are in full force and effect immediately upon posting on the Website and that
modifications or variations will replace any prior version of this Agreement, unless
prior versions are specifically referred to or incorporated into the latest modification
or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by
any court of law, you agree that the prior, effective version of this Agreement shall be
considered enforceable and valid to the fullest extent.
Article 15 - ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with
respect to the Course. This Agreement supersedes and replaces all prior or
contemporaneous agreements or understandings, written or oral.
Article 16 - SERVICE INTERRUPTIONS:
We may need to interrupt your access to the Course to perform maintenance or
emergency services on a scheduled or unscheduled basis. You agree that your
access to the Course and/or Website may be affected by unanticipated or
unscheduled downtime, for any reason, but that we shall have no liability for any
damage or loss caused as a result of such downtime.
Article 17 - TERM, TERMINATION & SUSPENSION:
We may terminate this Agreement with you at any time for any reason, with or
without cause. We specifically reserve the right to terminate this Agreement if you
violate any of the terms outlined herein, including, but not limited to, violating the
intellectual property rights of us or a third party, failing to comply with applicable laws
or other legal obligations, and/or publishing or distributing illegal material. You may
also terminate this Agreement at any time by contacting us and requesting
termination. At the termination of this Agreement, any provisions that would be
expected to survive termination by their nature shall remain in full force and effect.
Please be advised that terminating this Agreement does not entitle you to a refund
on any monies spent with us.
Article 18 - NO WARRANTIES:
You agree that your participation in the Course and your use of the Website is at
your sole and exclusive risk and that any Services provided by us are on an "As Is"
basis. We hereby expressly disclaim any and all express or implied warranties of any
kind, including, but not limited to the implied warranty of fitness for a particular
purpose and the implied warranty of merchantability. We make no warranties that the
Course or Website will meet your needs or that the Course or Website will be
uninterrupted, error-free, or secure. We also make no warranties as to the reliability
or accuracy of any information in the Course or on the Website. You agree that any
damage that may occur to you, through your computer system, or as a result of loss
of your data from your participation in the Course or your use of the Website is your
sole responsibility and that we are not liable for any such damage or loss.
Article 19 - LIMITATION ON LIABILITY:
We are not liable for any damages that may occur to you as a result of your
participation in the Course or your use of the Website, to the fullest extent permitted
by law, as noted above. The maximum liability of Course Provider arising from or
relating to this Agreement is limited to the greater of one hundred ($100) US Dollars
or the amount you paid to us in the last six (6) months. This section applies to any
and all claims by you, including, but not limited to, lost profits or revenues,
consequential or punitive damages, negligence, strict liability, fraud, or torts of any
kind.
Article 20 - GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to this
Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in
the Course and your use of the Website, you agree that the laws of California shall
govern any matter or dispute relating to or arising out of this Agreement, as well as
any dispute of any kind that may arise between you and us, with the exception of its
conflict of law provisions. In case any litigation specifically permitted under this
Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the
state and federal courts of the following county: Los Angeles, California. The Parties
agree that this choice of law, venue, and jurisdiction provision is not permissive, but
rather mandatory in nature. You hereby waive the right to any objection of venue,
including assertion of the doctrine of forum non conveniens or similar doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating to or arising out
of this Agreement, the Parties shall first attempt to resolve the dispute personally and
in good faith. If these personal resolution attempts fail, the Parties shall then submit
the dispute to binding arbitration. The arbitration shall be conducted in the following
county: Los Angeles. The arbitration shall be conducted by a single arbitrator, and
such arbitrator shall have no authority to add Parties, vary the provisions of this
Agreement, award punitive damages, or certify a class. The arbitrator shall be bound
by applicable and governing Federal law as well as the law of the following state:
California. Each Party shall pay their own costs and fees. Claims necessitating
arbitration under this section include, but are not limited to: contract claims, tort
claims, claims based on Federal and state law, and claims based on local laws,
ordinances, statutes or regulations. Intellectual property claims by us will not be
subject to arbitration and may, as an exception to this sub-part, be litigated. The
Parties, in agreement with this sub-part of this Agreement, waive any rights they may
have to a jury trial in regard to arbitral claims.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be
assigned, sold, leased or otherwise transferred in whole or part by you. Should this
Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise
transferred by Course Provider, the rights and liabilities of Course Provider will bind
and inure to any assignees, administrators, successors, and executors.
E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or
unenforceable by a court of law or competent arbitrator, the remaining parts and sub-
parts will be enforced to the maximum extent possible. In such condition, the
remainder of this Agreement shall continue in full force.
F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement,
this shall not constitute a waiver of any future enforcement of that provision or of any
other provision. Waiver of any part or sub-part of this Agreement will not constitute a
waiver of any other part or sub-part.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under
this Agreement are for convenience and organization, only. Headings shall not affect
the meaning of any provisions of this Agreement.
H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or
joint venture has been created between the Parties as a result of this Agreement. No
Party has any authority to bind the other to third parties.
I) FORCE MAJEURE: We are not liable for any failure to perform due to causes
beyond our reasonable control including, but not limited to, acts of God, acts of civil
authorities, acts of military authorities, riots, embargoes, acts of nature and natural
disasters, and other acts which may be due to unforeseen circumstances.
J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are
permitted to both Parties under this Agreement, including e-mail or fax.
For any questions or concerns, please email us at the following address:
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Publisher: Kevin Hill, 10752 Whitburn St., Culver City, Ca. 90230
Email: righteousqi@gmail.com